In early June 2021, the Ministry of External Affairs invited public inputs to the Emigration Bill 2021.
The new Bill is better than the Emigration Act 1983, but more reforms are needed to protect Indian workers.
How is presently themigrant workers’ condition?
Independent investigations into migrant worker conditions have underlined serious exploitative practices.
These include large recruitment charges, contract substitution, deception, retention of passports.
Also, non-payment or underpayment of wages, poor living conditions, discrimination and other forms of ill-treatment are found.
What is the current emigration law in India?
Labour migration is governed by the Emigration Act, 1983.
It sets up a mechanism for hiring through government-certified recruiting agents.
These could be individuals or public or private agencies.
The Act outlines obligations for agents to conduct due diligence of prospective employers.
It sets up a cap on service fees.
It also establishes a government review of worker travel and employment documents (known as emigration clearances) to 18 countries.
These countries are mainly in West Asian states and South-East Asian countries.
What are the welcome reforms in the new Bill?
The Emigration Bill 2021 launches a new emigration policy division.
It establishes help desks and welfare committees.
It requires manpower agencies to conduct pre-departure briefings for migrants.
The Bill also increases accountability of brokers and other intermediaries who are also involved in labour hiring.
What are the shortcomings?
Human rights - The Billlacks a human rights framework aimed at securing the rights of migrants and their families.
Progressive labour regimes do so.
E.g., Philippinesexplicitly recognises the contributions of Filipino workers and the dignity and fundamental human rights and freedoms of the Filipino citizens.
Fees - The Bill permits manpower agencies to charge workers’ service fees.
It even allows agents to set their own limits.
International labour standards recognises that it is employers, not workers, who should bear recruitment payments.
These include the costs of their visas, air travel, medical exams, and service charges to recruiters.
[As per International Labour Organization (ILO) Private Employment Agencies Convention No. 181 and the ILO general principles and operational guidelines for fair recruitment.]
Large-scale surveys by the ILO and the World Bank show that Indian workers pay exorbitant charges for their jobs.
Poorer workers pay progressively larger fees.
When low wage migrants get into this, it makes them vulnerable to indebtedness and exploitation.
In the worst cases, it leaves workers in situations of debt bondage, a form of forced labour.
Punishing workers - The Billpermits government authorities to punish workers.
It can cancel or suspendtheir passports and impose fines up to Rs. 50,000 for violating any of the Bill’s provisions.
The aim is to restrict workers who migrate through unregistered brokers or via irregular arrangements such as on tourist visas.
But migrant workers opt for such ways either because they are unaware of the law or under the influence of their recruiters, or simply desperate to find a decent job.
So,criminalising migrant workers’ choices runs contradictory to the purpose of protecting migrants and their families.
It violates international human rights standards.
Also, migrants in an irregular situation could fear that they could be fined or have their passports revoked.
So, they are also less likely to make complaints or pursue remedies for abuses faced.
Gender dimensions - The Bill does not adequately reflect the gender dimensions of labour migration.
Women have limited agency in recruitment compared to their counterparts.
They are more likely to be employed in marginalised and informal sectors and/or isolated occupations in which labour, physical, psychological, and sexual abuse are common.
The Bill also provides limited space for worker representation or civil society engagement in the policy and welfare bodies that it sets up.
What is the way forward?
The Ministry of External Affairs must start at the top, and draft a clearer purpose.
It should explicitly recognise the contributions of Indian workers, and the unique challenges they face.
Importantly, it should uphold the dignity and human rights of migrants and their families.
Then it must address the specific provisions that diverge from this purpose.
